Divorce

[glenn walker]

But doesn't performing services as a licensed appraiser require one to comply with USPAP, and to be objective in determining an Opinion of Value, regardless of how we define the client relationship? (Still the part I don't understand.)

If you provided services as an appraiser than you cannot be an-advocate for a client as that violates USPAP which you are licensed to abide by. As an Expert Witness you are not the person who provided the Attorneys Clients Appraisal as you are a impartial party who doesn't address if the Clients original value is right or wrong .
A fact witness is called upon only to verify facts pertinent to the case. Expert witnesses, on the other hand, maybe asked to tell the court what their expertise leads them to believe in the case at hand.

 

[The Warrior Monk]

I received a conventional refi 1004 assignment. I contacted the borrower to schedule the inpsection and they said to cancel because their divorce was not final yet and she needed to wait until after the divorce is final. So a few days later the borrower contacted me and said she would like to proceed because she and the attorney discussed the entire marital interest and it is okay to proceed. Is there any issue with this?

I would call the client in this circumstance. There could be an ownership issue regarding the property. While that isn't a valuation issue, it can be an issue for the client that can cause an assignment to be put on hold until they verify that the borrower(s) match up with the property ownership.

 

[Mark K]

We can both speculate about it -
But imo, it is hard to fathom a lawyer would be that stupid or cheap to use a loan purpose appraisal for a divorce proceeding - 7

This is not speculation...it happens all the time.

It never ceases to amaze me how some appraisers believe that their 'intended use, user, purpose of the appraisal', etc. verbiage matters one bit to a judge or a lawyer. It doesn't. The document is an appraisal with an opinion of value by a licensed appraiser. That's all they care about.

 

[Mark K]

Mr Appraiser is this your report? Due to client confidentiality I cannot say.
Mr Appraiser did you appraise this home for $400,000? Due to client confidentiality, I cannot say.

Let us know if you are put into this situation.

I really, really want to be in the courtroom that day.

If a judge tells you to answer the question, you WILL answer the question.

 

[Terrel L. Shields]

So you invoked jurisdictional exception to justify violating client confidentiality?

A - I assume you are not talking about my being pulled into court.
B- And not about the OP situation.
C- When subpoenaed you go...period. Confidentiality has nothing to do with it. The borrowers had a copy of the appraisal. It is all exposed. I was not there voluntarily. I objected to the judge and she told me to shut up.

 

[shrubberyvaluation]

A - I assume you are not talking about my being pulled into court.
B- And not about the OP situation.
C- When subpoenaed you go...period. Confidentiality has nothing to do with it. The borrowers had a copy of the appraisal. It is all exposed. I was not there voluntarily. I objected to the judge and she told me to shut up.

I agree. Who is going to have your back if you persist on client confidentiality in the face of legal punishment.

 

[Terrel L. Shields]

ow does the appraisal get involved in testifying in court in a divorce case? Does his client's counsel, or opposing counsel, or the court, issue a summons, or what? If so, is the appraiser summonsed as as "expert witness," per se? Etc., etc., etc.

You get pulled in with a subpoena.

You cannot be summoned as a "Expert Witness "

Exactly. You are a witness to fact.

Mr Appraiser is this your report? Due to client confidentiality I cannot say.
Mr Appraiser did you appraise this home for $400,000? Due to client confidentiality, I cannot say.

judge: Bailiff, escort this man to jail and bring him back next Monday for a hearing. You are in contempt of court.

 

[ZZGAMAZZ]

You get pulled in with a subpoena.

Exactly. You are a witness to fact.


judge: Bailiff, escort this man to jail and bring him back next Monday for a hearing. You are in contempt of court.

What's the difference between an "Expert Witness" and a "Witness to Fact," if your appraisal was completed for one of the parties in the legal matter? (Sxxx like this never gets explained in the CE courses.)

 

[glenn walker]

T

What's the difference between an "Expert Witness" and a "Witness to Fact," if your appraisal was completed for one of the parties in the legal matter? (Sxxx like this never gets explained in the CE courses.)

To be an engaged or employed as an-Expert Witness you cannot be a person or a party who had completed either appraisal. You have to be independent and your opinions un- biased and not and no advocacy for either party. A fact witness is one who testifies only to that of which he or she has firsthand knowledge and who describes only facts (as opposed to expressing opinions).

 

[Terrel L. Shields]

What's the difference between an "Expert Witness" and a "Witness to Fact,"

You can only defer to the questions as a witness to fact. But only an "expert" witness can testify an opinion.

As a witness USPAP has some nonsense about requiring a transcript of the testimony which could cost hundreds of dollars to get transcribed. Utter garbage. Carry a small recorder in your pocket and secretly tape the stupid testimony (judges will normally frown on that.) A witness to fact should state no more than is already in the report.